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Since the election petition itself reproduced the whole of the pamphlet in a translation in English, it could be said that the averments with regard to the pamphlet were themselves a part of the petition, and therefore the pamphlet was served upon the respondents although in a translation and not in original. However, I am persuaded that this approach is too simplistic. The annexures or schedules are then treated as integrated with the election petition and copies of them must be served on the respondents if the requirement regarding service of election petition is to be wholly complied with.

If she had considered that it was a significant risk to her (and, in light of what she had subsequently learned, she would have assessed it as such) she would have asked the doctor to perform a caesarean section. But this does not apply to documents which are merely evidence In the case but for reasons of clarity and to lend force to the petition are not kept back but produced or filed with election petitions.

There is no reason to perpetuate the application of the Bolam test in this context any longer. Once it is accepted (as it is) that the word „drawn“ does not connote any particular form of physical production, and that the plan need not be as detailed as an OS map (even one of 1:50,000 scale), nor professionally prepared, I see no convincing answer to the Lawyer Chandigarh High Court of Appeal’s analysis. There will be no order as to costs, throughout.

It is an easy assumption that the draftsman must have had in mind an OS 1:25,000 map, or something of equivalent detail and quality. It is unsurprising that courts have found difficulty in the subsequent application of Sidaway, and that the courts in England and Wales have in reality departed from it; a position which was effectively endorsed, particularly by Lord Steyn, Best Lawyers In Chandigarh High Court Chester v Afshar. „in order for a defendant to be party to a common design, she must share with the other party, or parties, to the design, each of the features of the design which make it wrongful.

The law then requires that even though they are outside the election petition, they must be signed and verified. By paragraph 1 of Schedule 14 to the 1981 Act, an application for a modification order must be made in the prescribed form and must be accompanied by a map (a) which was drawn to the prescribed scale, (b) which was not less than 1:25,000 and (c) which showed the way or ways to which the application related. If, and only if, all those features are shared, the fact that some parties to the common design did only some of the relevant acts, while others did only some other relevant acts, will not stop them all from being jointly liable.

It follows that the analysis of the law by the majority in Sidaway is unsatisfactory, in so far as it treated the doctor’s duty to advise her patient of the risks of proposed treatment as falling within the scope of the Bolam test, subject to two qualifications of that general principle, neither of which is fundamentally consistent with that test. 83 (2) has reference not to a document which is produced as evidence of the averments of the election petition but to averments of the election petition which are put, not in the election petition but in the accompanying schedules or annexures.

Discussion This is a short point. The fact that in practice applicants do normally use OS maps, or that there would be no hardship in requiring them to do so, does not seem to me to assist on the question of construction. Mrs Montgomery said in evidence that if she had been told of the risk of shoulder dystocia, she would have wanted Dr McLellan to explain to her what it meant and what the possible risks of the outcomes could be.

[19 E–H] Even if this be not the case, it is quit,. It is I think also accepted that each of the maps showed the way or ways to which the application related. (1) If the police are aware or ought reasonably to be aware of a threat to the life or physical safety of an identifiable person, or member of an identifiable small group, do the police owe to that person a duty under the law of negligence to take reasonable care for their safety?

The draftsman could have so specified but did not. It is accepted that they were each accompanied by a map. Details of averments too compendious for being included in the election petition may be set out in the schedules or annexures to the election petition. ORDER In accordance with the opinion of the majority, the appeals are allowed, the order of the Lawyers High Court Chandigarh Court is set aside in so far as it is against the appellant and the writ petitions filed by the respondent are dismissed. Ground 1 – prescribed scale My initial reaction on reading the papers Senior Advocates In High Court Chandigarh this case was that the appeal should succeed on the first ground, substantially for the reasons given by Lord Neuberger and Lord Sumption.

They either all complied or they all failed to comply. No distinction has been drawn between the five applications. There is no mention of any document accompanying the election petition. It involves the construction of two particular provisions which I have already set out. I would therefore dismiss the appeal on the first ground for the reasons given by Lord Clarke.